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LEG 500 WK 11 Final Exam

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http://xondow.com/LEG-500-WK-11-Final-Exam-LEG5005.htm

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1. Identify the true statement(s) regarding freedom of speech:


I. It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.


II. In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not “materially affect” its business.


III. In the Virginia Board case, the U.S. Supreme Court failed to link the “right to receive information and ideas” with the traditional values that underlie free speech.


IV. The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.


a. I only


b. II only


c. III only


d. I and III








2. According to John Kenneth Galbraith, the theory of consumer demand is based on the following broad assumption(s):


I. Socialism will work in all societies because consumers are willing to share their wealth.


II. The urgency of wants does not diminish as more of them are satisfied.


III. Wants originate in the personality of the consumer.


a. I only


b. I and II


c. III only


d. II and III








3. Citizens have always been afforded freedom of speech after the ratification of the U.S. Constitution.


a. True


b. False






4. Obesity in children has continued to rise since 1976 and approximately ¾ of all teens and youth are overweight.


a. True


b. False






5. The “creative revolution” in advertising refers to


a. The move from black and white to color advertising


b. The move from talking about a product to showing what a product can do


c. The move from showing what a product can do to making the product a status symbol



d. The move from making a product a status symbol to using subliminal messaging to “force” consumers to buy the product.

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6. The debate over advertising fast food and other “junk foods” to kids is a well settled debate after federal and state laws have put limits on that advertising.


a. True


b. False






7. Branding and advertising are really the same thing and should be used interchangeably. Each is about making sure that consumers recognize a product and have a favorable opinion of it.


a. True


b. False






8. Of product promotion techniques, which is the most influential according to author Naomi Klein?


a. Advertising


b. Marketing


c. Branding


d. Word-of –mouth promotion










Essay Questions


9. In the case of IMS Health, Inc., et. al. v. Kelly Ayotte, Attorney General of New Hampshire, what is involved in “detailing” a drug?






10. According to District Judge Barbadora in the case of IMS Health, Inc., et al v. Kelly Ayotte, Attorney General of New Hampshire, is the Prescription Information Law more extensive than necessary to serve the State’s interests? Explain your




11. What forms can deceptive advertising claims take?






12. Discuss some of the ways the FTC is investigating deceptive trade practices involving the Internet.






13. What is the Lanham Act? To succeed in suit under the Lanham Act, what must a plaintiff prove?






14. Discuss some actions the advertising industry has established for self-regulation.






15. Direct-to-consumer advertising of prescription drugs began in the late 1980’s to early 1990’s. Based on the information in the Norplant case in the text, discuss the reasons why it should or should not be allowed.









All Questions Included...